Hollis v. State
Supreme Court of Florida
"Writ of Error to the Circuit Court for Clay county. STATEMENT. The plaintiff in error was indicted at the last Pall term of Clay county Circuit Court for having committed a rape upon Luvinia Turnage, on the ninth day of the previous April, and having been found guilty by the jury, was sentenced by the court to be hung.
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"Writ of Error to the Circuit Court for Clay county. STATEMENT. The plaintiff in error was indicted at the last Pall term of Clay county Circuit Court for having committed a rape upon Luvinia Turnage, on the ninth day of the previous April, and having been found guilty by the jury, was sentenced by the court to be hung. The testimony shown by the bill of exceptions is as follows: Luvinia Turnage testified: My name is Luvinia Turnage; I am fourteen years of 'age, and live at Green Gove Springs, Clay county, Florida; I live with my father and mother; our house is in an orange grove; the trees…
1Opinion of the Court
Raney, C. J.:
This case,, one of rape, comes before us on a motion for a new tria1, the grounds of which, insisted upon here, are that the verdict was contrary to law, and *391contrary to the evidence. The instructions given by the judge to the jury were not excepted to.
It is contended on behalf of plaintiff in error that the testimony does not show that the connection was consummated by force and against the will of the prosecutrix. The statute contemplates that the offence shall be “by force and against her will.” Sec. 36, p. 355 McClellan’s Digest; 2 Bish. Crim. Law, sec. 1113; Charles vs.…
2Cases cited13 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Stephen v. StateSupreme Court of Georgia · 1852
- Strang v. PeopleMichigan Supreme Court · 1871
- State v. CrossSupreme Court of Iowa · 1861
- State v. ShieldsSupreme Court of Connecticut · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Russell v. StateSupreme Court of Florida · 1916
- Hufham v. StateDistrict Court of Appeal of Florida · 1981
- Rice v. StateSupreme Court of Florida · 1895
- Barker v. StateSupreme Court of Florida · 1898
- Johnson v. StateDistrict Court of Appeal of Florida · 1960
10 more not listed; retrieve them via the Exa API.